SK.GULAM JAWEED Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner in the present writ petition has called in question the judgment dated 28.6.2007 (Annexure-14) of the learned Central Administrative Tribunal, Cuttack Bench, Cuttack passed in O.A. No. 153 of 2005.

(2.) THE facts stated by the petitioner in the writ petition are that he was selected in an examination conducted by the Railway Recruitment Board to be appointed as Senior Clerk (Direct Recruit), Group ­ C (Non-Gazetted) on regular basis in the Ministry of Railway, Government of India. He claims that on 16.2.1995, he appeared in a departmental examination to be promoted to the post of Head Clerk and having qualified was promoted to the said post. Pursuant to an advertisement published in the Employment News dated 20.3.1999 (Annexure- 1) seeking applications for appointment to the post of Recovery Inspector in Debts Recovery Tribunals in the scale of pay of Rs. 5500-9000/- which is a Group ­ B (Non-Gazetted post) published by the Ministry of Finance, Department of Economic Affairs (Banking Division), New Delhi, the petitioner applied for the said post. On consideration of his application, he was initially deputed for a period of one year to the Debts Recovery Tribunal, (for short, 'the DRT') Cuttack and joined as Recovery Inspector in the said DRT on 5.1.2001. In this respect, the office order dated 15.1.2001 issued by the Registrar, DRT, Cuttack is as follows:- <FRM>JUDGEMENT_50_TLORI0_2013.htm</FRM>

(3.) NOW coming to the other limb of the allegation of the petitioner which relates to promotional avenue, it has been submitted by the petitioner that his grievance was not considered and if no promotional avenue is provided, to the Recovery Inspector in the DRT, there will be stagnation. On the aforesaid allegations, the petitioner filed O.A. before the Central Administrative Tribunal making the following prayer:-